Sentenced to a prison term that is six months above the guideline range, former Old Forge police chief Larry Semenza has a legitimate issue for appeal, but he will likely serve most of or all of the time before the case is resolved, two veteran defense attorneys said.

Citing Mr. Semenza's abuse of power, Lackawanna County Judge Vito Geroulo on Monday sentenced him to 18 months to four years in state prison for corruption of a minor and failure to report child abuse.

The standard guideline range called for a sentence of probation to nine months, or up to 12 months if the judge opted to sentence him within the "aggravated" range of the guidelines, said his attorney, Peter Paul Olszewski Jr.

Judges are not required to abide by the guidelines and can sentence a defendant up to the maximum sentence allowed for a charge, which in Mr. Semenza's case was five years in prison. Any sentence outside the guideline range provides a basis for an appeal, however, said attorney Dave McGlaughlin of Harrisburg, a founding member of the Pennsylvania Association of Criminal Defense Lawyers, and George Newman, a Philadelphia defense lawyer and member of the National Association of Criminal Defense Lawyers.

"The guidelines are not chiseled in stone," said Mr. McGlaughlin, who now serves as chief counsel for the Democratic judiciary committee for the state House of Representatives. "You can depart . . . (but) a judge must supply a reasonable reason."

Mr. Newman said it is difficult to predict how appellate courts will rule in this case. Historically, the courts have varied widely regarding what they consider an excessive sentence.

"The cases are all over the place. It's like beauty is in the eye of the beholder. What is unreasonable to one appellate judge may not be unreasonable to another," Mr. Newman said.

Even if Mr. Semenza prevails on appeal, it is likely he will have served most, if not all, of his sentence by the time the Superior Court rules on the case, Mr. McGlaughlin and Mr. Newman said. The court typically takes nine months to a year or more to decide a case, they said.

Mr. Olszewski asked Judge Geroulo to allow Mr. Semenza to remain free on bail pending the appeal, but the judge summarily denied the request. He can appeal the bail denial to the Superior Court but has not yet decided if he will do so, Mr. Olszewski said.

Mr. Semenza was charged in May 2012, after an Olyphant woman came forward and alleged she had a sexual relationship with him while she was a 15-year-old junior firefighter at the Old Forge fire company from 2004 to 2007. Two other men, former Old Forge police officer Jamie Krenitsky and former volunteer firefighter Walter Chiavacci were also charged with sexually abusing the girl.

The Times-Tribune does not identify victims of sexual assault.

Mr. Krenitsky and Mr. Chiavacci pleaded guilty to indecent assault. Mr. Krenitsky was sentenced Monday to nine to 23 ½ months and Mr. Chiavacci to three to 18 months, both in county jail.

Mr. Semenza's case went to trial in October. He was acquitted of the most serious charges: aggravated indecent assault, unlawful contact with a minor, indecent assault and indecent exposure. Given that, the sentence imposed was harsher than expected, Mr. Olszewski said.

"It was beyond the aggravated range," Mr. Olszewski said. "I can't imagine someone disputing it's not a harsh sentence given the fact he was acquitted of the most serious charges."

Mr. Semenza was taken to Lackawanna County Prison following Monday's sentencing. Because of his former position as a police officer, he is being held in protective custody pending his transfer to a state prison, Mr. Olszewski said.

Contact the writer: tbesecker@timesshamrock.com

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